Search Results
1992 (O) 77
- Date of the judgment (decision)
1996.03.08
- Case Number
1992 (O) 77
- Reporter
Minshu Vol.50, No.3, at 408
- Title
Judgment concerning the criterion of illegality set forth in Article1, Paragraph 1 of the State Redress Law applicable to the detention of a suspect by a judicial police officer
- Case name
Case to claim damages
- Result
Judgment of the Second Petty Bench, quashed with judgment rendered by the Supreme Court
- Court of the Prior Instance
Osaka High Court, Judgment of September 27, 1991
- Summary of the judgment (decision)
The detention of a suspect by a judicial police officer should be reviewed in terms of illegality in the context of Article 1, paragraph 1 of the State Redress Law, provided that in connection with the procedures for a judicial police officer to decide whether or not it is necessary to detain a suspect according to the provisions set forth in Article 203, paragraph 1 of the Code of Civil Procedure in consideration of evidence obtained in the course of investigation comprehensively, there are circumstances found to show that the officer decided to detain the suspect although the absence of rational grounds thereof is objectively apparent.
- References
- Main text of the judgment (decision)
- Reasons
- Presiding Judge
Justice Fukuda Hiroshi
Justice OHNISHI Katsuya
Justice NEGISHI Shigeharu
Justice KAWAI Shinichi
(This translation is provisional and subject to revision.)